Judge upholds death sentence in van Dam killing

CNN ^ | 1/1/03 | CNN

[SunStar]

SAN DIEGO, California (CNN) --San Diego Superior Court Judge William Mudd on Friday refused to overturn a recommended death sentence for David Westerfield in the February murder of 7-year-old Danielle van Dam.

"The court finds that the weight of the evidence ... supports the jury's verdict of death," Mudd said.

[ChemistCat]

The jury made the call. Therefore he is GUILTY.

That's it and all about it. Your opinion on the matter is not of any importance whatsoever. I personally think he should die because of the violent child rape related pornography on his computer. To me, that suffices and I won't shed tear one that the next judge he will face will have a more perfect knowledge.

Please don't argue for a pedophile with murder in his heart. The motive was so perfectly clear, and the evidence reinforced that at every step...like it or not.

[Valpal1]

Brenda van Dam's sentencing statement

The Associated Press Friday, January 3, 2003

---

(01-03) 14:18 PST (AP) --

Statement by Brenda van Dam at Friday's sentencing of David Westerfield, who killed her daughter, Danielle.

In early November, I started wondering about how I was going to get through the holidays. And I wanted to think of some things I had to be thankful for. And even though I went through this horrible year, I am so thankful to have been blessed with Danielle, and I thank God every day that I had seven years with her. And she was such a wonderful, loving child.

And I am so thankful for my other two beautiful children whom I love and adore, and my wonderful husband who has been by my side through this entire ordeal. I am thankful for very supportive family and friends, people I didn't even know before Danielle was taken, who have become very dear to my heart.

I am thankful for a jury, a dedicated jury, a very intelligent jury who is not only intelligent but they're not blind. They saw through all the smoke fields that (defense attorney Steven) Feldman threw in front of them and they sought the truth. And they need to be commended for that.

Most of all I thank the justice system, because the justice system is what put him where he belongs. And I am thankful to all the men and women who were so dedicated to getting all the evidence done in time to make sure that he was put in his proper place.

Now I have my (written) statement:

How can I as a mother find words, meaningful words that would express how this unthinkable crime has affected my family. I can't. Her father can't, her brothers can't, yet this is where our family finds ourselves, in a courtroom standing across from a man who murdered our precious daughter and who greedily stole the heart out of our family.

Our lives are forever changed. Nothing can be the way it was before February 2, 2002. I guarantee you no matter how hard I try I will not be able to explain to you what it would feel like if this had happened to your own daughter, even though it happened to mine.

The pain runs so deep you can't reach it to stop it and the missing never ends. The tears are always one memory away. But I can tell you how it felt to not know where Danielle was for 26 terrifying days. To know that someone else knew where she was and it was not her Mommy or her Daddy but an evil stranger. It was sickening and I felt like my heart was breaking in two and I was dying from the inside.

Our precious Danielle was taken by a monster seeking only self-gratification and not thinking about the sweet little child that he was harming, or how his horrific crime would impact her family, the community, and the world.

You sat by smugly as thousands of people frantically searched for Danielle and her family anguished over finding her. It disgusts me that your sick fantasies and your pitiful needs made you feel that you needed Danielle more than her family. You put your needs over the needs of her entire family, an entire community, an entire nation to find Danielle.

What could make one human being murder another? This is a question I will forever ask myself.

I remember the day Danielle was born. I was so excited to have been given one of the most precious gifts you could receive, another life.

Being blessed with a little girl was so very special, and Danielle and I had a special bond. We enjoyed doing many things together. She was a real "girly-girl." We enjoyed painting our nails together and I really enjoyed doing her hair. Shopping for girl's clothes was such a joy.

Some of the most precious moments spent with her were in the kitchen. She always wanted to cook and although cooking alone would have been easier, I couldn't say no because I realized that she would only be this age once and the memories would last a lifetime.

As Danielle grew older and blossomed into a wonderful little girl, I knew she was a shining star, but I did not for a second think that she would be remembered for something like this.

She was a beautiful girl with a very kind, loving heart, and one of her favorite things to do during the holidays was to pick an angel off of the tree and go shopping for that special person who did not have as much as she did. She truly understood that not every child had a life as wonderful as hers.

She loved being with her friends, school, taking dance lessons, piano lessons and writing in her journal. About three weeks ago I got the urge to look through some of her journals and other items in her room and I sobbed when I read the following journal entry. Through her own private thoughts, let me introduce you to our innocent, loving little girl who always thought of others:

"I like to be nice to all people at school. It makes them feel great. And I know that it is cool to be thoughtful of others. I look at them when they speak to me and I listen to be fair, because I want to be treated that way."

I have always told all of my children to treat others as they would want to be treated. She just wanted to be liked and loved by everyone. And when I read this journal entry I felt that even though I did not get to teach her anything else in her short lived life, I did teach her a very important life lesson, being respectful of others.

Danielle loved spending time with her brothers. I can remember how Derek, Danielle and Dylan would play so well together. Playing school was one of her favorite games. Of course, she always wanted to be the teacher.

She enjoyed being a big sister to Dylan and teaching him things. She really enjoyed reading to him; it made her feel grown up. She looked up to her big brother Derek and knew that she was different than he was. She really had to study hard to do well in school and this is something that comes easy to Derek. She was very willing to study hard because she wanted to do as well as him at school.

One night as I laid awake in bed I could hear Derek and Dylan talking. They now sleep in the same room because they think they can protect each other. They were talking about creating an army of robots that would make the world a safe place.

These are comments from two innocent children who miss their sister dearly. Not only have you taken away one of the three most precious gifts I have ever received in life but you have also taken away a sister from Derek and Dylan and the sense of safety that they once took for granted.

I ask you why did you not let her go? Why didn't you drop her off in a safe place? If you had done so, she would be with her family now and you would not be facing death. What were you thinking as you killed her? Did she not touch your heart one bit? If not, you are heartless; you are an empty shell. You are nothing. If she did, reclaim some decency and apologize to her brothers, her parents and your own children and this community. This should not be happening to our children. Our children should be able to be innocent children and safe in our community and our world.

When you took Danielle from us, you took away all of our future dreams that we looked forward to sharing with her. If you do have a heart, which I think is very unlikely, you will feel some of this pain soon because you have a daughter of your own. You will miss all of the good times in her life. You have victimized your own children just because you wanted mine. Although your children may try to move and change their names, they will always live with the fact that their father is a cold-blooded killer.

Danielle was not an object to be taken. She was a human being to be lovingly cared for by her parents. You do not deserve any leniency, any mercy, because you refused to give it to Danielle.

You have to live with the memory of her death. I will cherish the memory of her life.

[MeekOneGOP]

[bvw]

Although your children may try to move and change their names, they will always live with the fact that their father is a cold-blooded killer.

Whom is she talking about? This is all spite, not a tint of honest venegance in it. But spite applied to whom?

[Happy2BMe]

"Maybe we need to bring back executions and have it done immediately."

Cal law is pitiful. 600!

How does that compare to the rest of the country?

Poor child and family didn't get put on a "waiting list."

[truth_seeker]

"I've given the example before....if i take my daughter into a "bad" area of town to buy crack and she is shot during an unrelated drive-by shooting....am i responsible in her death??? of course i am!!! These people are responsible in that same way IMHO....."

Well, today Brenda told the press, that they worked very hard, to afford a very good neighborhood. And by all normal standards, it is a good area.

And in that very good neighborhood, they wound up with a high income fellow, fascinated with pornography....and according to the jury, a lot more than just looking.

Not all of the bad pople are on the other side of the tracks. Not all of the bad people are using crack.

Watch your back, your sides, your neighbors. And as today's comments came out, his friends didn't suspect Westerfield of this character defect.

[truth_seeker]

"A capital crime requires a high-standard of incontrovertable proof. That condition has never been had in this case. So why did the jurors find for guilt? Because of the mob frenzy that was stirred up."

The jurors differ with you. I trust their judgement, and not yours. Out of twelve, not even one had reasonable doubt. That is what is good about our system.

Your bias probably won't be visable to you.

[demsux]

Two people (Cherokee Youngs (female) and Ryan Tyrol (male)), both complete strangers, TESTIFIED UNDER OATH that Mrs. Van Dam invited them back to the Van Dam home, while at the bar, THE NIGHT THE GIRL DISAPPEARED.

[NautiNurse]

Whom is she talking about?

Brenda was talking to and about the man who was about to cop a plea bargain in exchange for revealing Danielle's location when the body was found by volunteer searchers almost a year ago. That man/monster is Westerfield, no matter how much it hurts you.

[Freedom2specul8]

"..the man who was about to cop a plea.."


Gosh, if they had only waited 30 minutes longer to announce that they found the location of the body....this would have had a different ending me thinks.

[demsux]

I guess the main things that create some "doubt" with regards to Westerfield being the perp are as follows:

The parents lied to and misled police for the first 17 + hours after their daughter was reported missing.

TESTIMONY revealed that the Van Dams were involved in wife swapping, with at least one occassion taking place in the master bedroom, just down the hall from Danielle's bedroom.

Damon Van Dam admitted having sex with Barbara Easton at Easton's apartment...Damon also admitted that Barbara Easton came up to the master bedroom, got on the bed and "cuddled" with Damon at about 2:00 am ON THE NIGHT DANIELLE DISAPPEARED.

Two people at the bar, Cherokee Youngs (female) and Ryan Tyrol (male), complete strangers to the Van Dams, testified, under oath, that Brenda Van Dam invited them back to the Van Dam home ON THE NIGHT DANIELLE DISAPPEARED...they felt that it was for sex...btw, either Barbara or Brenda asked Cherokee "if she liked girls?".

The Van Dam's drug dealer and his ex-brother in law came over to the Van Dam home at about 2:00 am, after the bar closed.

The bug evidence indicated that the body was placed at Dehesa Rd. closer to Feb. 15-16, than Feb. 2-4. Westerfield was under constant surveillance after the 4th.

The lead detective was "not aware" that blood was discovered in the Van Dam stairwell and garage, until the preliminary hearing.

A spent shell casing (.22 caliber) was found on the floor of the girls room one day after the room was thoroughly searched.

NO evidence of Westerfield in or around the Van Dam home.

Unmatched DNA mixed with Danielles DNA on the cuff of her pajama's. Westerfield excluded.

Unidentified fingerprint on bannister in the Van Dam home. Westerfield excluded.

Unidentified hair on Danielle's body. Westerfield excluded.

Pot use and drinking by the parents on the night Danielle disappeared.

Location of body: somebody wanted this body found...not buried or hidden...an illegal dumpsite...more like a serial killer...Westerfield was all over the county and desert and could have buried her in the desert.

International child porn ring broken up at virtually the same time as this event, with one of the perps living within walking distance of the bar, in POWAY.

Alot of unanswered questions, however I am hoping that the civil suit will answer ALOT of questions.

If Westerfield did it, fry him...

[cubreporter]

Yes it is. an innocent little girl no longer here because of this scum.

[demsux]

Oh, and by the way, he had to sneak by a 60 + pound weimeriener and an alarm system.

[bvw]

Eleven months have passed, yet Brenda curses children. Westerfield's children. Still children. After eleven months a mourner is not in mourning, and the heat of a crime is cool. Brenda speaks a cold-blooded curse, is it not? Yet I suspect Brenda speaks of herself, her children, her own husband ...

[Diamond]

I think there is some ambiguity in Brenda's statement about Westerfield's children. It may be that her words are meant as an observation of the consequences of Westerfield's actions upon his children rather than an active invocation of her own curse upon them.

Having lost a young son myself, although not through a horrific crime such as this one, I can tell you that I recognize the grief and mourning in her statement. That having been said though, I don't think Brenda sees the sad, terrible irony in her words about family.

How can I as a mother find words, meaningful words that would express how this unthinkable crime has affected my family. I can't. Her father can't, her brothers can't, yet this is where our family finds ourselves, in a courtroom standing across from a man who murdered our precious daughter and who greedily stole the heart out of our family.

It makes one wonder what her definition of a family's heart really is. If adultery isn't also stealing and spiritually murdering a family's heart then I don't know what a family is. May God have mercy on Brenda and her husband and save them from their slavery to corruption.

Cordially,

[NautiNurse]

Two different issues. However, the grievous sins/crimes of the parents do not lessen the crime that Westerfield committed.

[flyervet]

After eleven months a mourner is not in mourning, and the heat of a crime is cool.

Maybe eleven months after having your child kidnapped and murdered, you wouldn't still be in mourning and you wouldn't still be angry. Not everyone is as cold-blooded and heartless however.

[bvw]

Perhaps their most grevious sin is against Westerfield. I won't deny that a family and a mother and a father -- the van Damms, included -- have incredible and overwhelming feelings of loss and emptiness on any number of the occassions that little Danielle is brought to their minds, and even in the background subconscious some sense of loss, yet in the months since both that gray sense and the blacknesses of recall are lessened and dimmed.

Many mothers in that sense of loss of a child, would be more attuned to protecting a daughter or son ... even the son and daughter of the one they believe murdered their own child. The nuturing sense, the comforting response can be heightened, as time cools the boiling blood of venegance.

What is read in the remarks ... not comfort me, comfort anyone in my condition, but "look at me and bow before my victimhood", and "blame him, damm him". The remarks are curious in many regards.

[Dionysius]

This doesn't mean much in California. He'll die of old age before he sucks the cyanide. Too bad they couldn't try the bastard in Texas.

[GrandMoM]

After eleven months a mourner is not in mourning,

.... only for one with a hollow heart such as you!